Section 4675 Of Article 1. General Provisions From California Probate Code >> Division 4.7. >> Part 2. >> Chapter 1. >> Article 1.
4675
. (a) If an individual is a patient in a skilled nursing
facility when a written advance health care directive is executed,
the advance directive is not effective unless a patient advocate or
ombudsman, as may be designated by the Department of Aging for this
purpose pursuant to any other applicable provision of law, signs the
advance directive as a witness, either as one of two witnesses or in
addition to notarization. The patient advocate or ombudsman shall
declare that he or she is serving as a witness as required by this
subdivision. It is the intent of this subdivision to recognize that
some patients in skilled nursing facilities are insulated from a
voluntary decisionmaking role, by virtue of the custodial nature of
their care, so as to require special assurance that they are capable
of willfully and voluntarily executing an advance directive.
(b) A witness who is a patient advocate or ombudsman may rely on
the representations of the administrators or staff of the skilled
nursing facility, or of family members, as convincing evidence of the
identity of the patient if the patient advocate or ombudsman
believes that the representations provide a reasonable basis for
determining the identity of the patient.